Download Attachment M - RMR Amendment No.15 Related Changes

ATTACHMENT M
RMR AMENDMENT NO. 15 RELATED CHANGES
5.2.7.1.3 If the Responsible Utility disputes a final Estimated RMR Invoice, final Adjusted RMR Invoice,
or Responsible Utility invoice based in whole or in part on an alleged error by the ISO or breach or default
of the ISO's obligations to the Responsible Utility, the Responsible Utility shall notify the ISO of such
dispute prior to the later to occur of (i) the date 12 months following the date on which the ISO submitted
such invoice to the Responsible Utility for payment or (ii) the date 60 days following the date on which a
final report is issued in connection with an operational audit, pursuant to Section 12.2.2, of the ISO's
performance of its obligations to Responsible Utilities under this Section 5.27 conducted by an
independent third party selected by the ISO Governing Board and covering the period to which such
alleged dispute relates. The ISO or any Responsible Utility shall have the right to request, but not to
require, that the ISO Governing board arrange for such an operational audit at any time.
5.2.7.2 The RMR Owner shall, to the extent set forth herein, be a third party beneficiary of, and have all
rights that the ISO has under the ISO Tariff, at law, in equity or otherwise, to enforce the Responsible
Utility's obligation to pay all sums invoiced to it in the Responsible Utility invoices but not paid by the
Responsible Utility, to the extent that , as a result of the Responsible Utility's failure to pay, the ISO does
not pay the RMR Owner on a timely basis amounts due under the Reliability Must-Run Contract. The
RMR Owner's rights as a third party beneficiary shall be no greater than the ISO's rights and shall be
subject to the dispute resolution process specified in the relevant RMR Contract. Either the ISO or the
RMR Owner (but not both) will be entitled to enforce any claim arising from an unpaid Responsible Utility
invoice, and only one party will be a "disputing party" under the dispute resolution process specified in the
relevant RMR Contract with respect to such claim so that the Responsible Utility will not be subject to
duplicative claims or recoveries. The RMR Owner shall have the right to control the disposition of claims
against the Responsible Utility for nonpayments that result in payment defaults by the ISO under a
Reliability Must-Run Contract. To that end, in the event of nonpayment by the Responsible Utility of
amounts due under the Responsible Utility invoice, the ISO will not take any action to enforce its rights
against the Responsible Utility unless the ISO is requested to do so by the RMR Owner.
The ISO shall
cooperate with the RMR Owner in a timely manner as necessary or appropriate to most fully effectuate
the RMR Owner's rights related to such enforcement, including using its best efforts to enforce the
Responsible Utility's payment obligations if, as, to the extent, and within the time frame, requested by the
RMR Owner. The ISO shall intervene and participate where procedurally necessary to the assertion of a
claim by the RMR Owner.